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(영문) 인천지방법원 2020.11.05 2020고단8197
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On July 4, 2020, the Defendant driven the above car on July 18:35, 2020, and led the Defendant to proceed along one lane on the road of four-lane 90.5 km in the direction of daily breadth in Bupyeong-gu Seoul, Incheon.

In the same direction as at the time, a number of vehicles, including the victim C (n, 44 years old-old driver) driver car, are proceeding along with the two-lanes in the same direction, so there was a duty of care to prevent accidents by thoroughly operating the front and rear left and right-hand driver and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering direction and operation system at the right side of the front and rear left side and the right side of the passenger car, which was driven along two lanes, and received the part of the victim C's right side side of the passenger car as the front part of the passenger car.

As a result, the Defendant suffered injury to the victim C and the victim E (ma, 44 years old), who is the passenger of the Defendant, respectively, for about two weeks of medical treatment. At the same time, the Defendant did not immediately stop the car to the extent that it damages the repair cost of KRW 3,742,250, and escaped without taking necessary measures, such as providing rescue to the victims.

Summary of Evidence

1. The police's statement of the defendant C in court;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a photograph of the damaged vehicle, a photograph of the suspected vehicle, a vehicle photograph of the suspected victim, a report on the internal investigation of the vehicle (No. 14), an investigative report (no. 20, 23

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act concerning the crime committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act, shall be sentenced to imprisonment with prison labor;

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